More info: To read the complete memo and draft recreational marijuana ordinance, go to tinyurl.com/b9g3rur.

Smoking marijuana in public and possessing marijuana if you're under 21 years of age would be illegal in Boulder under recreational marijuana regulations proposed by city officials, but non-medical pot shops would be allowed to operate in the city under regulations similar to those governing medical marijuana dispensaries.

In a memo to City Council, officials with the city's attorney's office say they still recommend the city enact a moratorium or ban on recreational pot stores, as Superior, Lafayette, Westminster, Broomfield and Lakewood have done. However, the City Council said late last year that a moratorium would go against the wishes of Boulder voters, who supported Amendment 64 at even higher rates than voters statewide.

If the city is going to allow recreational marijuana retail sales, city officials recommend Boulder keep most of the regulations that govern the medical marijuana industry.

The Boulder City Council will consider the recreational marijuana ordinance at its regular meeting Tuesday. There also will be a public hearing to take testimony from the public. Boulder normally doesn't have public hearings on first reading of ordinances, but city officials say they want to hear from the public early in the process.

The discussion comes as a state task force on implementing Amendment 64 concludes its work and the General Assembly prepares to take up the issue. Amendment 64, approved by Colorado voters in November, legalizes possession and use of small amounts of marijuana and orders the state to come up with a regulatory scheme for retail sales.

The task force recommendations include imposing special sales and excise taxes on marijuana, banning public smoking, even in social clubs, and allowing only indoor grow operations. However, marijuana could be sold to people from out of state.

City attorneys said Boulder needs to closely monitor the development of state regulations to make sure none of the city's rules conflict with state law. The other big unknown is how the federal government will respond. The feds mostly have allowed medical marijuana dispensaries to operate openly, but it's not clear they'll take the same approach to recreational marijuana.

Industry analysts expect that many medical business owners will want to switch to a recreational business model. However, federal enforcement could make that option less attractive. The other advantage for medical marijuana operators is that Colorado residents aged 18 and older can have a medical marijuana card, while Amendment 64 sets the age for pot use at 21, just like alcohol.

The recommendations to City Council are that Boulder adopt an ordinance making smoking marijuana in public a municipal offense and that possession and use by people under age 21 be treated like alcohol, with a minor in possession ticket.

The recommendations also call for existing medical marijuana businesses to be able to apply for recreational licenses through a simplified process similar to license renewal.

Senior Assistant City Attorney Kathy Haddock said the city has learned a lot through the medical marijuana regulation process, and it only makes sense to build on that base.

"We've figured out what works through a lot of trial and error," she said.

Among the policy questions the city will have to address are whether it wants to limit the size and number of recreational pot stores and whether it wants to allow smoking in social clubs. That would require changing other city rules that ban smoking in most indoor places.

Boulder Matt Appelbaum said he largely supports the approach recommended by staff.

"Our medical marijuana regulations are considered to be among the best in the state, so that's a good starting point," he said. "It seems to work pretty well."

However, Appelbaum said he has some concerns that Boulder could end up being the only city in the area to allow recreational marijuana. Other Boulder County towns banning such stores is one thing, but if Denver were to ban it, that could cause Boulder to reconsider its position. The Denver City Council is expected to take up that question in April.

Councilwoman K.C. Becker said she'd like any sales or excise tax on marijuana to be dedicated mostly to educating young people and parents about the consequences of marijuana use.

"The perception among youth might be that marijuana is benign," she said. "The whole Reefer Madness stuff has been correctly discredited, but that doesn't mean it's completely benign, especially depending on how early you start."

Joey Richards, manager of Lotus Medical, 1964 28th St., said he would like to convert his business to a recreational model, and he hopes the city reconsiders its position on allowing smoking at social clubs or Amsterdam-style "coffee shops."

"It's been happening around the world, and there haven't been problems with it," he said.

Richards said he hopes the state follows through with the task force's recommendation that stores be allowed to sell to out-of-state residents.'

"We'd like for it to go retail for tourism," he said. "It could boost everything in Colorado."

At North Boulder Wellness Center, 1495 Yarmouth Ave., owner Eric Brooks said ideally he would hold dual medical and recreational licenses. He would like to reach more customers with a recreational license, but he's keeping an eye on federal enforcement.

He said Boulder's existing dispensaries have proved they can follow the city's strict regulations.

Councilwoman Lisa Morzel said that if the city doesn't allow recreational marijuana stores, it could create an incentive for medical marijuana businesses to turn to the black market.

"If it's legal for adults to smoke it, you need to make it legal for adults to buy it," she said. "We need to create opportunities." Morzel said she would be open to allowing smoking at marijuana clubs, just as adults can drink at bars. She said that would be in accordance with the apparent will of the voters, who wanted to "regulate marijuana like alcohol."

"I think we have to face the music and try to get this right," she said.

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